Supreme Court Rules 2000

Subject to subrules (7) and (8), a defendant to an action may claim any relief against a plaintiff by counterclaim in that action.

A counterclaim may comprise several distinct and inconsistent causes of action or claims to relief.

A defendant to an action may plead any right or claim by way of set-off against the claim of a plaintiff.

A counterclaim or set-off enables the Court or a judge to pronounce a final judgment in the action, both on the original claim and on the set-off or counterclaim.

A defendant seeking to raise a counterclaim is to – state that fact specifically in the defence; and set out the counterclaim as a separate part of the defence headed "Counterclaim".

A counterclaim to recover possession of land or goods is to contain, or be endorsed with, the statement required by rule 112 or 113.

In an action in which there are no pleadings, a defendant may bring a counterclaim only with the leave of a judge.

A judge may grant leave on any terms the judge considers proper.

A counterclaim to which subrule (7) applies is to be brought by an application in the action.